Querist :
Anonymous
(Querist) 26 January 2010
This query is : Resolved
A 340 CrPC Application has revealed that a Permission of Custodian (Court) mentioned in a Registered Document was called Permission of Custodiand of Evacuee by the concerned Sub-Registrar in a Sworn Deposition. The Plaintiff / Defendant and the Executant/Claimant are Hindus of this suit. The then IIIrd Senior Civil Judge without questioning how it is applicable for Hindus kept quiet and continued the sworn statement.
Now can that Judge be impleaded in the 340 Cr PC application?
Srinath Kondapally
(Expert) 26 January 2010
No, as per the 340 of Cr.P.C.,the civil court can take appropriate steps for the offences commited before it & if it connected to theprovisions of 195 of Cr.p.c.at the instance of either party to such proceedings and as detailed in it's sub sections like 156(3) of Cr.P.C. proceedings
Raj Kumar Makkad
(Expert) 26 January 2010
No chance at all. Generally we see litigation is allowed to go on years and years in a particular set of courts and at the time of arguments, it is revealed that the court has even got no jurisdiction to try and decide the suit and matter ends there. Judges cannot be faulted for this lacunae of system and unaware party which allowed to run such litigation since such years.
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